75 Cal. 284 | Cal. | 1888
Lead Opinion
—Action to quiet title to a mining claim. It is found by the court, and assumed by counsel upon both sides, that the claim of the defendant was not open to relocation until January 1, 1886.
At one o’clock, a. m., of that day, plaintiff posted his notice, but did not mark out his boundaries until January 5th. In the mean time, that is to say, at the usual hour of commencing work of that kind on the first day of January, 1886, the defendant resumed labor on his claim, did ten dollars’ worth of work on it up to the 5th of January, 1886, and afterward, during that year, performed labor upon it to the amount of two hundred dollars more.
It results that the judgment should be affirmed.
Hayne, C., and Belcher, C. C., concurred.
Concurrence Opinion
—For the reasons given in the foregoing
opinion, the judgment is affirmed.